Georgia’s Supreme Court overturned McIver’s felony murder conviction, ruling that the jury should have been instructed by the court that they could consider a lesser charge of involuntary manslaughter.
The court said based on the evidence and testimony during the trial, “the jury could have concluded that the revolver was not deliberately or deliberately fired, bur rather, as McIver suggests, discharged as a result of his being started awake, reflexively or involuntarily clutching at the bag holding the firearm, and inadvertently contacting the trigger,” according to the ruling.
The court further found that the evidence supporting that McIver intended to kill his wife was “disputed and circumstantial,” adding, “No witness testified to any disagreement or quarrel between McIver and Diane, and many witnesses testified that they were very much in love. “
The court also overturned McIver’s conviction for possession of a firearm in the commission of a felony, but did uphold his conviction of influencing a witness.